Grant

Summary

A distribution request in the final account of a probate estate, seeking distribution of certain litigation proceeds to the beneficiaries who funded the litigation rather than to all the residuary beneficiaries of the estate, was not an attempt to frustrate the testator’s intent and did not violate the no contest clause of the testator’s will.

*999 Factual and Procedural Background

Estelle H. Strader died testate on September 14, 1994. Her will, executed in 1987, leaves the residue of her estate to five persons: her nieces Valerie McCuen, Susan Mary Crickenberger and Jane Grant, who each received a two-ninths share; her husband’s niece Sue Ward, who also received a two-ninths share; and James Hixon, the son of her husband’s deceased nephew, who received a one-ninth share. The dispute before this court pits Hixon against the other residuary beneficiaries, and involves the results of litigation relating to an earlier conservatorship of Strader’s estate. We recite first the facts relating to the conservatorship litigation, and then turn to the actions taken in this probate proceeding.

1. The conservatorship litigation.

Strader’s mental state deteriorated some…